Weakness and reduced use of one or both arms, Intermittent, but severe, episodes of arm pain that interfere with your ability to work or perform activities of daily living, Impaired ability to control your voluntary muscles, Loss of control of involuntary functions such as bowel and bladder control or sexual function, Anterior Cervical Discectomy and Fusion (ACDF), Posterior Cervical Decompression and Fusion, Anterior Cervical Corpectomy (part of the vertebral body is removed) and Fusion, Transforaminal Lumbar Interbody Fusion (TLIF). So to get started, all you need to do is give us a call or apply online. When the case ended eight years later, in 2005, he received a court-awarded settlement verdict of $550,000.00 in an upfront lump-sum payment for his injuries, pain and suffering, and other types of damages caused by the spinal injury. You may decide that spinal fusion surgery is too risky for you, no matter the amount of pain you have. Workers' Comp Success Stories | Mevorah & Giglio Law Offices $150,000 settlement and lifetime surgical hardware coverage for a construction worker who underwent cervical fusion . On June 3, 2016 . "Workers Comp" allows a worker injured on the job to treat with doctors until the doctor decides that the injured worker has received all the care they need to return them to the workforce. If you've suffered a workplace injury, you may wonder how much your workers' compensation claim is worth. List of CPAP Machines Made and Recalled by Philips (2023). In my opinion insurers raise this argument because the younger you are when you have the spinal fusion, the greater the likelihood that you will need a revision fusion or an extension of the fusion to other levels as you age. How Do You Verify if Your Employer Has Workers Compensation Coverage? It compared final treatment outcomes including return to work, disability, and the use of opioid drugs for pain management. The injury required spinal surgery. You can get a free claim assessment, and your lawyer can tell you if you have a claim to pursue. Top attorney Jimmy Hanaie provides a free consultation about 3-level cervical fusion settlement workers compensation claims. You have an even stronger argument for refusing to undergo spinal fusion that involves more than one level. But this does not make them any less severe. In exchange for. In fact, our number one goal is to help our clients get the best possible settlement for their case. If you smoke, the insurer may argue that it should not have to pay for the spinal fusion until you quit smoking or cut down on the number of cigarettes you have each day because smokers are found to have a lower surgical success rate. Fusions are done either on the anterior (our surgeon will approach your spine from the lower abdomen for a lumbar fusion or front of the neck for a cervical fusion), posterior (your surgeon will approach from the back), or both sides of the spine (lateral approach). And repeat surgeries occurred due to the fusion not taking.. This is a more difficult argument for the insurer to make if it is the reason for the delay. Should I settle My Connecticut Workers Compensation Case? Can You Sue A Workers' Comp Insurance Company? 4.2 The DRE method relies especially on evidence of neurological deficits and less common, adverse structural changes, such as fractures and dislocations. Settlements in 2-level cervical fusion surgery are as high as 2-3 million dollars. In addition, from our many years of experience, we know that your medical bills can add up fast. Michigan lawyer explains how a disabled employee can sue an insurance company for workers comp benefits. If a disabled employee has always done heavy labor, the transition to a sedentary job can be almost impossible. 4 Wu XD, Wang XW, Yuan W, et al. Roger Joiner ) Docket No. At a 50% impairment rating, the PPD settlement lump sum payment would be $25,000 ($50,000 x 50%). Your doctor may recommend cervical fusion if you both a positive myleogram, CT, or MRI (meaning it shows a herniated nucleus pulposus or spinal cord impingement caused by central disc displacement or something else) and one or more of the following neurologic signs: Neck pain alone, without other neurologic signs, is usually not a sufficient basis to undergo a cervical spine fusion. . You can expect from $150,000 to more than $200,000 with spinal fusion cases. For example, do not be surprised if the insurance claim adjuster suddenly disagrees with the doctor you chose from the workers comp panel and have been treating with for years, and sends you to an IME doctor to try to find a way not to have to pay for the fusion. #6. The injuries necessitated a prolonged course of medical treatment and he was required to undergo multiple spinal surgeries including a two-level spinal fusion. We settled for $25,043.75. This is because a spinal fusion is a serious permanent procedure that is often life-changing and results in chronic pain. Your surgeon may recommend fusion if your spinal range of motion is disrupted, either from trauma at work, a car accident, a slip and fall, a fall from a height such as a roof or ladder resulting in a fractured vertebrae (both burst fractures and vertebral compression fractures), a herniated disc that causes cauda equina compression syndrome, or worsening degenerative changes (spinal stenosis, spondylosis, lordosis, spondylolisthesis, scoliosis, etc. Here are a couple of real settlements for cases involving spinal fusion surgery: In December 2015, Chipotle Mexican Grill settled a case for $1.3 million with a customer in Florida who slipped and fell in their store. PMID: 27224880 DOI: 10.1097/BRS.0000000000001713 . Does Workers Compensation Pay for Cervical, Thoracic, or Lumbar Spinal Fusion Surgery? Our Michigan workers comp lawyers have been called the best in the state, and our clients love how theyre treated with care, respect, and responsiveness. In my experience, the average workers compensation settlement amount for a neck injury that contributes to (worsens, flares up, aggravates, exacerbates, etc.) If so, you may be entitled to claim a Workers Comp settlement for a lump sum in NSW for whole person impairment for a permanent injury. Her injuries were herniated discs and a concussion . If you do, your lawyer can help you seek the maximum benefits available; and, if you dont, your lawyer can help you understand what other options you may have available. One surgery that is becoming more common for the back and neck injury types and is seeing increased coverage is cervical fusion injuries. Verdicts & Settlements | Frischhertz & Impastato | New Orleans Not to mention, the chance of dying or becoming paralyzed from spinal fusion surgery is not unheard of. Your claim is lodged with the Personal Injury Commission of NSW, which was previously known as the Workers Compensation Commission. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); AuthorJeffrey E. KaufmanMichigan Workers Comp Attorney. Florida 's workers compensation laws are sometimes difficult to understand. . You also have justification for refusing spinal fusion surgery if you underwent a discectomy for the injury before, with no improvement or recurrent pain and loss of function. These claims result from automobile accidents, slip and falls, wrongful death incidents, homeowners insurance, work injury, construction accident, trip and fall, and other injuries to people. Using this method, DREs are differentiated according to clinical findings that can be verified by standard medical procedures. Statistics published by the Workers Disability Compensation Agency show the average payout amount for a work-related injury in Michigan was $59,235.42 in 2020. Eur Spine J. Save my name, email, and website in this browser for the next time I comment. What Medical Treatment is Available if I Decide Not to Get a Cervical or Lumbar Fusion, or if I Continue to Have Pain after the Spine Fusion? Call us now or Email! Lumbar and cervical fusions, however, are more common than thoracic fusions. Workers' Comp Settlement For Neck Fusion Explained Fax: (956) 707-0522 Based on the information provided: Lumbar DRE Category IV (as a result of fusion) = range 20%-23% WPI. Offered Settlement for Spine Fusion - Workers Compensation Insurance . com Spinal fusion is a high risk surgery that comes with serious complications, including death. You are also entitled to other benefits besides those for your surgical procedure for your work injury, including weekly wages and future medical expenses, and physical therapy as part of your Workers Comp claim. Replaced three discs. More clients and lawyers understand the facts about pre-settlement funding because of Aaron's legal and financial service SEO mastery. Read: Workers Comp Settlements for Ankle Injury, Workers Comp Settlements for Brain Injury, Workers Comp Settlements for Bulging Disc, Workers Comp Settlements for Carpal Tunnel, Workers Comp Settlements for Cervical Spine Injury, Workers Comp Settlements for Electrocution Injury, Workers Comp Settlements for Herniated Disc, Workers Comp Settlements for Injuries Requiring Surgery, Workers Comp Settlements for Permanent Partial Disability, Workers Comp Settlements for Secondary Injury, Workers Comp Settlements for Shoulder Injury. Average Settlement Value of Spinal Fusion Back Surgery - Oasis Financial $540K in Settlements Reached in Two Workers' Compensation Matters No attorney-client relationship is formed nor should any such relationship be implied. Past results are no guarantee of future results. Many of my clients reach that decision after talking with their treating physician, seeing another orthopedic surgeon for a second opinion, and discussing the surgery with me and their family. In our experience, successful monetary recoveries for simple neck injury may range anywhere from $2500 to $50,000. Bear in mind, the average settlement amount for minor neck and back injuries are generally much smaller, such as $10,000 to $100,000. Generally, 3-level cervical fusion settlement workers compensation claims involve civil liability, personal injury, and other damages. *By requesting a free consultation, you confirm that you are 18 or older and do not have an attorney. Revision surgery on the cervical spine and other areas including the lumbar region are also high, while the numbers able to return to work are low (1). All rights reserved. This is common because most people on collecting work injury benefits are treated poorly by their employer and its insurance company. Vedicts and Settlements - Losi & Gangi Attorneys at Law | Buffalo NY Individuals who are diagnosed with a cervical neck injury can undergo treatment in the form of physical therapy, prescription medications, injections, and surgery. The woman was hospitalized for a week. Some of the information on this site may be deemed ATTORNEY ADVERTISING in some states. RESULT: Settlement. Cervical fusion workers comp settlement question? Of course, there are always exceptions, but for the most part, you cannot avoid the surgery as it will be your best chance as you have exhausted all other ways to treat the injury. The world does not stop even when your world is turned upside down from a cervical spine injury, and you still need to make ends meet. Medical Spinal Fusion (Lumbar and Cervical) Workers Comp Settlement Workers' Comp Settlement For Cervical Fusion Explained Put simply, a spinal fusion, also called arthrodesis, is a welding process. After youve consulted your doctor and/or specialists for treatment and diagnosis of your work related injury, you will be assessed using guidelines established by Workcover, now SIRA. Aaron keeps an academic approach to business that improves the consumer's well-being. Some people who undergo surgery develop additional problems at levels below and above the fused portion. If you have suffered a cervical spine injury at work and/or that prevents you from doing your job, you should consult with a lawyer through WorkInjurySource.com about your legal rights. Many people who contact, Michigan lawyer explains when it is possible to file a lawsuit against an insurance company doctor for medical malpractice. Because they are personal injury cases, personal injury law firms use them to boast about their average settlement amounts and success rates. She suffered an L1 compression fracture, a left hip fracture, a fibula fracture, a foot wound, and a ruptured bladder. Cost of Back Surgery - 2023 Healthcare Costs - CostHelper Unity Electric, LLC An electrician who worked at demolition and renovation sites was exposed to harmful substances during his long career. The damages from a spinal cord injury can compromise your ability to move and live life as you once knew it. Non-fatal injuries to this spine can be excruciating and devastating to your physical health if improperly treated. They are the only bones in your neck; and, as such, they are both extremely important and exceptionally prone to damage from both trauma and repetitive stress. For example, the Cleveland Clinic notes that, [straining] your neck often for your job, like looking overhead (for example, painters) or downward (plumbers or flooring installers) for many hours every day or keeping your head at an improper position for long periods of time (for example, staring at a computer screen that is too high or low), can cause cervical spondylosis. Work At Frischhertz & Impastato, we are proud of our record of results on behalf of clients who have suffered injuries. $1.3 Million Verdict for 3 Level Cervical Spinal Fusion (Slip and Fall) Not actual restaurant where she fell. Workers' Compensation for a total disability is equivalent to two-thirds of the injured employee's average weekly wage up to a maximum benefit amount. The delay in getting the surgery decreases the likelihood of a successful outcome. Many of my clients, including truck drivers, nurses, warehouse workers for large companies such as Amazon, Target, and Walmart, construction workers, delivery drivers for companies such as UPS and FedEx, flight attendants for airlines such as United Airlines and American Airlines, mechanics, utility linemen, and police officers, have improved after a lumbar or cervical fusion.